Ken Stallman Sarah Marusek POLS 220 December 10, 2014 Final Research Paper This paper presents research regarding, most specifically, the Hawaii Revised Statute known as “TITLE 32. COURTS AND COURT OFFICERS; 605-7 Control of action; power to settle”. Furthermore contained herein is an analysis of the relationship between two chapters of The Blackwell Companion to Law and Society and the aforementioned HRS. The first analysis being upon the relationship between the HRS and Chapter Nine of The Blackwell Companion to Law and Society, entitled “Professional power: Lawyers and The Constitution of Professional Authority”. The second analysis being upon the relationship between the HRS and Chapter Ten of The Blackwell Companion to Law and Society, entitled “Courts and Judges”. Finally this paper shall condense the relationship between all three of the aforementioned areas of research and give a concise conclusion regarding relevant findings. Chapter Nine has a strong relationship with the HRS in that they both describe the roles and powers of legal practitioners. The chapter can be summarized as a sociolegal study on the exercise and source of professional power as wielded by Lawyers and adjacent practitioners of law. When taken in totality, this chapter presents its findings in such a way that when “read together these studies illuminate the multiple dimensions of professional power” (Rostain, 2008, p 147). Consequently there is a heavy focus upon how lawyer’s ideologies
This chapter presents a comparison of the grounds for disbarment under section 27, Rule 138 of the Rules of Court. It aims to show that the grounds to disbar a lawyer from the legal profession are and must be related to the practice of the law--- a trait absent in disbarment based on marital
Many debates have arisen over which ethical theory is the most consistent with lawyer’s professional responsibilities. There are varying approaches from the narrow, liberal theory of the hired gun putting the clients autonomy as the fundamental responsibility of the lawyer, to a more relax position putting the lawyer as a councillor, to the other extreme of paternalism. This paper will address ……
Japan’s legal system, as overlaid by Junko Gono, et al, in their work, “Overview of Legal Systems in the Asia-Pacific Region: Japan,” is based on the civil law tradition, with its biggest historical influences being the civil codes of France and Germany as well as United States law (7). Though considered a civil law country, one key aspect of Japan’s judiciary goes against the standard template for a civil law legal system. Unlike other civil law based countries, Japan’s highest court, as explained by Jun-Ichi Satoh in his article, “Judicial Review in Japan: An Overview of the Case Law and an Examination of Trends in the Japanese Supreme Court’s Constitutional Oversight,” has the power of judicial review, meaning that it can "determine the constitutionality of any law, order, regulation, or official act” (603). It should be noted, however, says Satoh, that the Supreme Court rarely uses this power of judicial review because of the work of the Cabinet Legislative Bureau, which provides “legal opinions to the Prime Minister and other legislative officials and to review drafts of bills, regulations, and orders to determine if they are consistent with the constitution and legal precedent” (605).
Professional experts within organizations adapt and respond to laws by taking into consideration the organization’s available resources to determine the level of compliance. Vague and ambiguous laws coupled with fragmented enforcement force experts within organizations to produce an organizational policy in response. Dobbin and Sutton describe how professional experts including accountants, tax lawyers, and employment managers saw the possibility for human resource departments to “ensure legal compliance, exaggerating the risk of litigation to win organizational resources” (445). Professional experts saw an economic incentive to create policies in response to laws and created more departments and hired more personnel to determine compliance measures. Due to the incredible ambiguity of laws, “organizations created new offices not because the law dictated that they do so but because the law did not tell them what to do” (Dobbin and Sutton 470). In universities, law experts “knew the law well” and took shortcuts in compliance measures while maintaining organizational interests (Gould 166). Policy making within organizations becomes a top-down operation with professional experts acting in their best interest when deciding how to
It has always been recognized that the rule must have some limits, for at minimum it is inadmissible that legal consultation be a cover for thuggery and theft. The difficult problem is where to draw the boundaries how to define the kinds of secrets that a lawyer may not keep.
A skilled and results driven qualified solicitor with experience in working extremely challenging cases and representing clients in complex legal and litigation matters. Outstanding track record of achieving positive outcomes within limitations. Proven ability to logically and effectively analyse statutes, case laws and factual data. Provides concise, logical, objective and persuasive statements in both written and oral communication, whilst simplifying complex “legal jargon” into user-friendly terminology for clients. Proactive relationship builder.
True. But not entirely, as legal practice managers can turn the answer around. Let me explain, and then you can make up your own mind.
The current Japanese judicial system consists of a blend of civil law from the early German system and common law from the United States. Japan’s legal practitioners are educated in a single institute, the Legal
There are a lot of different aspects of law. Although Mrs. Holt’s second period has only covered unit one of many, one can still see how complicated law is. From basic human rights, to lawmaking, to advocacy, from settling disputes and the court system, to lawyers themselves, just the tip of the Law-iceberg is enough to make someone want to freak out.
In the development of a framework for a lawyer’s stakeholder relationship, the following guidelines are considered:
This essay discusses the various duties that a barrister owes and the ethical dilemma that arises when such duties are at opposing ends. A barrister owes a duty to the client to act in the way that his client’s best interest are protected and the purpose of his representation in the eyes of the client is achieved but will that justify that incurring harm to the society at large or to the court remains a question to be considered. A barrister must act in the best of interest of his client but such a strict approach will render it difficult for the barrister to fulfill his duties which are owed to the court and to the administration of justice and duty to act with honesty and integrity . If such duties at some point are in conflict what should a barrister do in such
A judicial process involves a series of rules undertaken to administer justice through a system of courts defined in a given constitutional law. The lawyers and the interest groups are important actors in any judicial process, (The U.S. Department of State publication, 2008). In the United States, a plaintiff or a defendant has a constitutional right to a fair hearing before judgement. The litigants would always need the lawyers to build their defence or prosecutions cases before the judge or jury. The interest groups are known for influencing the judicial process. In the United States, the interest groups have such as influenced the judges’ appointment, just as a single form of influence. This paper describes in details the roles of the lawyers and interest groups in the judicial process. In addition to the roles, the paper seeks to explain the reasons behind unpopularity of lawyers in the United States since colonial years to present day; the impact of stratification in the legal profession on delivery and quality of legal services provision and how an impartial and unbiased system can allow interest groups to take part in the judicial process.
Legal professionals (advocates) are one of the core agents of legal system. Therefore it is important to look into the sociological aspect of their life and to study the institutions which belong to them. Being an understudied topic, it opens many possibilities in the study of Legal system reform in India. For the purpose there are some researches done by Dr. K.L. Sharma, Marc Galenter, Robert Moong, Nick Robinson, Michaela papa & David B. Wilkins and some others scholars. But even then some of the institutions are completely neglected; one of them is Karnataka State Bar Council, Bangalore.
The second part of my essay will include how my desired occupation is affected by social, economic, and political trends affecting the sector, industry, or career. As established the functions of a lawyer include protecting the client from legal issues in the due process. However, lawyers play a huge role in society than just advocating for their clients, lawyers are given a great deal of power as they are able to strike down laws. Moreover, the argument of this article questions the moral obligation of a lawyer to comply to the law faithfully if they obtain such power (Canadian Business, 2011). Economic trends in the legal profession suffered a downfall as a result of the economic slowdown, standing at a 0.1% output growth in 2008. Although rising a 3.1% from the previous standing in 1997 as a result from major accounting restructuring and increase in business activity (Statistics Canada, 2012). The second half of my essay will include how my career prospects are affected by social, political, economic trends affecting the sector, industry,
10.The Law Society of Kenya[ An organization mandated to, among other things, assist the Government and the courts in matters relating to legislation, the administration of justice and the practice of law in Kenya.], as well as the legislature, put in place policies, a code of conduct and ethics, and rules that ensure advocates conduct themselves in a respectful manner and with decorum[ Examples include the Advocates Act (CAP 16, Laws of Kenya), the Law Society of Kenya Digest of Professional Conduct and Etiquette, and the Advocates (Practice) Rules.]. These rules also confer certain ethical duties on the advocates which form part of professional courtesy while others are driven by moral responsibility.